IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

KAREN ADKINS, 

 Plaintiff, 

 vs. 

WELTMAN, WEINBERG & REIS CO., 

L.P.A., 

 Defendant. 

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Case No. 2:11-cv-619-GLF-MRA 

Judge Gregory L. Frost 

Magistrate Judge Mark R. Abel 

 

 

STIPULATED PROTECTIVE ORDER 

_______________________________________________________ 

It is hereby stipulated and agreed by and between counsel for the parties, and non-parties, 

that the terms and conditions of this Stipulated Protective Order shall govern the handling of 

documents, and related depositions, pleadings, exhibits and other information exchanged by 

them in this action. 

It is hereby ORDERED as follows: 

This Order shall be applicable to and govern all documents produced in response to 

subpoenas to third parties, as well as testimony adduced at trial, matters in evidence and other 

information which the disclosing party designates as “CONFIDENTIAL”, hereafter furnished, 

directly or indirectly, by or on behalf of any party in connection with this action. As used herein, 

"party" shall refer to the parties to this action and to non-party witnesses. 

In designating information as “CONFIDENTIAL”, a party shall make such a designation 

only as to materials which that party, in good faith, believes constitutes such material or matter 

used by it in, or pertaining to, its business, which matter is not generally known and which the 

party would normally not reveal to third parties or would cause third parties to maintain in 

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confidence. “CONFIDENTIAL” materials shall be used by the parties to this litigation solely for 

the purpose of conducting this litigation, but not for any other purpose whatsoever. 

Within 30 days of receiving information designated as CONFIDENTIAL, the receiving 

party must either object to the designation, or else waive any objection to the designation. A 

party who objects to the designation shall, within that 30 day period, serve objections to the 

designation and requests in writing for a conference to resolve the conflict. The party asserting 

the designation is responsible for making good faith efforts to arrange that conference. If the 

parties cannot resolve the objections to the designation, the party asserting the designation of 

confidentiality shall move within 14 days of receiving the objections for a protective order under 

Rule 26(c). The failure to move for a protective order within that 14 day period waives the 

designation. 

Information designated as “CONFIDENTIAL” may be disclosed only to the following 

persons: 

a. The attorneys working on this action on behalf of any party, including in-house 

attorneys, paralegal assistants, stenographic and clerical employees working under the direct 

supervision of such counsel; 

b. Any person not employed by a party who is expressly retained or sought to be 

retained by any attorney described in paragraph (a) to assist in preparation of this action for trial, 

with disclosure only to the extent necessary to perform such work; 

c. Such officers, directors or employees of the parties as their counsel, in good faith, 

requires to provide assistance in the conduct of this action, with disclosure only to the extent 

necessary to provide such assistance; 

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d. Any person of whom testimony is taken, except that such person may only be 

shown copies of “CONFIDENTIAL” material during his testimony, and may not retain any 

“CONFIDENTIAL” material; and 

e. The Court. 

The persons described in paragraphs (b), (c), and (d) shall have access to the 

“CONFIDENTIAL” material once they have been made aware of the provisions of this Order 

and have manifested their assent to be bound thereby by signing a copy of the annexed 

“ACKNOWLEDGMENT”. A list shall be maintained by counsel for the parties hereto of the 

names of all persons to whom “CONFIDENTIAL” material is disclosed, or to whom the 

information contained therein is disclosed, and such list shall be available for inspection by the 

Court and opposing counsel upon request. At the time of the termination of this lawsuit by 

settlement, judgment or otherwise, the parties hereto shall provide other counsel with a copy of 

the pertinent aforementioned lists. The persons receiving “CONFIDENTIAL” material are 

enjoined from disclosing it to any other person, except in conformance with this Order. 

Each individual who receives any “CONFIDENTIAL” material hereby agrees to subject 

himself/herself to the jurisdiction of this Court for the purpose of any proceedings relating to the 

performance under, compliance with or violation of this Protective Order. 

The recipient of any “CONFIDENTIAL” material that is provided under this Order shall 

maintain such information in a secure and safe area and shall exercise the same standard of due 

and proper care with respect to the storage, custody, use and/or dissemination of such 

information as is exercised by the recipient with respect to its own proprietary information. 

Within thirty (30) days of the termination of litigation between the parties, all 

“CONFIDENTIAL” material and all copies, extracts, or summaries thereof shall be returned to 

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the party that produced it or shall be destroyed, in which case counsel for the party destroying it 

shall certify in writing that it has been destroyed. 

The inadvertent production by a party of a document or information that is privileged 

shall not be deemed a waiver of such privilege. Upon discovery that privileged material has 

been inadvertently produced, the party receiving such information shall immediately destroy all 

copies of the information and return the original to the providing party. 

Except as specifically provided herein, the terms, conditions, and limitations of this Order 

shall survive the termination of this action. 

This Stipulated Protective Order is without prejudice to the right of any party to seek 

relief from the Court, upon good cause shown, from any of the provisions contained herein. 

 s/Mark R. Abel 

 United States Magistrate Judge 

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APPROVED: 

/s/Steven C. Shane (per e-mail approval 4/24/12)

Steven C. Shane (0041124) 

Trial Attorney for Plaintiff 

P.O. Box 73067 

Bellevue, KY 41073 

859 431-7800 

859 431-3100 facsimile 

shanelaw@fuse.net 

/s/Gregory S. Reichenbach (per e-mail approval 4/24/12)

Gregory S. Reichenbach (0077876) 

Trial Attorney for Plaintiff 

P.O. Box 256 

Bluffton, OH 45817 

(419) 529-8300 

(419) 529-8310 facsimile 

Greg@reichenbachlaw.com

/s/Christine M. Haaker 

Christine M. Haaker (0063225) 

Nicholas W. Myles (0083973) 

THOMPSON HINE LLP 

10050 Innovation Drive, Suite 400 

Dayton, Ohio 45342 

Telephone: 937.443.6822/ Fax: 937.443.6910 

Christine.Haaker@ThompsonHine.com

Attorneys for Defendant, Weltman, 

Weinberg & Reis Co., L.P.A. 

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ACKNOWLEDGMENT

 The undersigned hereby acknowledges that he/she has read the Stipulated Protective 

Order which was entered by the Court in Karen Adkins v. Weltman, Weinberg & Reis Co., 

L.P.A., United States District Court, for the Southern District of Ohio, Eastern Division, Case 

No. 2:11-cv-619-GLF-MRA, that he/she is one of the persons contemplated in paragraphs 3 or 5 

thereof as authorized to receive disclosure of information designated “CONFIDENTIAL” 

material, respectively, by either of the parties or by non-parties, and that he/she fully understands 

and agrees to abide by the obligations and conditions of the Protective Order. 

Dated: 

(Signature) 

 

(Title or Position) 

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